(영문) 의정부지방법원 2016.12.23 2016나6058

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(영문) 의정부지방법원 2016.12.23 2016나6058

청구이의

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 19, 2015, 2015 Ghana 15310 case between the Plaintiff and the Defendant, a conciliation of the following (hereinafter “instant conciliation protocol”) was established between the Plaintiff and the Defendant (hereinafter “instant protocol”).

1. The Plaintiff shall pay 7,00,000 won to the Defendant by August 25, 2015. If the Plaintiff does not pay the above amount by the payment date, the Plaintiff shall pay the Defendant the remainder after deducting the amount already paid from 10,000,000 won, plus damages for delay at a rate of 20% per annum from the following day to the date of full payment.

2. The defendant shall waive the remaining claims.

B. On August 25, 2015, around 13:15, the Plaintiff deposited KRW 7,000,000 in the account of the law firm branch office, and around August 27, 2015, the employees C of the said office entrusted with the payment of KRW 7,000,000 to the Defendant of the Plaintiff’s Defendant at the above office: (a) around 16:00 on August 25, 2015, deposited the deposited money with the content that “the deposited person refuses to receive the payment, such as notifying the account number of the third party; (b) the deposited person designated as the Defendant and deposited KRW 7,00,000 with the High Court of the Government Branch of the District Court (hereinafter “instant deposit”); and (c) the Defendant deposited the deposited money of KRW 7,00,000 on August 27, 2015.

C. Accordingly, according to the instant protocol, the Defendant filed an application for a seizure and collection order regarding the Plaintiff’s claim against the lower-ranking engineering architectural firms, as the Suwon District Court Anyang Branch 2015TTTT6389, and issued a seizure and collection order on October 2, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 2, witness C's testimony, the purport of whole pleadings

2. The parties’ assertion

A. On August 25, 2015, the Plaintiff asserted that he/she entrusted the Defendant with the payment of the amount of KRW 7,000,000 to C.

However, the defendant who received contact with C shall deposit the above money to C with the third party's account.

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